What Is A Marriage Contract?

A marriage contract is an agreement entered into by a couple usually prior to marriage but also sometimes after parties marry. This agreement can set out the division of property, and spousal support in the event of a breakdown in the relationship. If a prenup agreement is not in place at the time that a couple separates, then they will be bound by the provisions as set out in the Family Law Act and the Divorce Act.

What Can A Prenup Agreement Include?

A marriage contract allows the marrying couple to set out specific provisions to deal with their assets and liabilities from the marriage, including those they came into the marriage with and what they acquire during the marriage. Both parties are required to provide full financial disclosure at the time that the marriage contract is signed because otherwise a court may set it aside on the basis of a failure to make full financial disclosure. A marriage contract allows the couple to specify how property, including the matrimonial home, will be allocated or divided in the event of a separation. A marriage contract can also modify or eliminate the wealth sharing provisions of the Family Law Act.

Why Sign A Prenup Agreement?

So why would some people choose to sign a prenuptial agreement? This type of agreement aims to set out in advance each person’s financial obligations to the other and to avoid future litigation over these obligations. For example, parties entering into a second marriage may want to set out their rights to each other, or if there are children from a previous relationship, you may wish to sign a marriage contract. Other examples include where one of the parties comes into the marriage with a property that will become their matrimonial home and wants to ensure they get credit for its value on the date of marriage or protect themselves from having to share this asset at all with their spouse. These, among others, are all examples of where you may wish to consider a marriage contract. It is always recommended that before you get married, you speak to a lawyer and get legal advice on whether or not it is in your best interest to sign a prenup agreement.

Self Representation Pitfalls - Hummingbird Lawyers

Thinking of self-representation? Better think again.

There are a number of potential pitfalls people face when bringing claims on their own to court when they are unfamiliar with the procedures of the court.

Potential Pitfalls of Self-Representation

Bringing your claim against the correct party

Very often, people fail to bring claims against the correct party. They will name a person as the defendant even though their contract was with a corporation. Alternatively, they will fail to give the correct legal name of the corporation they are acting against. Unless you determine the correct name of the party you intend to bring a claim against, any subsequent judgment will be unenforceable.

Missing deadlines and filing incorrectly

A lack of familiarity with the rules the court or the Rules of Civil Procedure will be a detriment to the self-represented party.

Very often, people will fail to file documents in the correct format required by the court. As well, deadlines can easily be missed for filing documents, which can lead to greater time and expense incurred. Missing deadlines can even lead to the dismissal of your case if you are not careful.

Enforcement

Finally, even if you receive a judgment, it is up to you to take the steps to enforce it, which can include having writs issued against the debtor’s property or garnishing their wages.

However, if the other party is bankrupt, or if you do not know where their assets are located, this can prevent you from recovering the money owed to you, even if you have a judgment from the court.

If you’re looking for skilled and experienced lawyers in Vaughan or lawyers in Toronto, Hummingbird Lawyers LLP has offices at each location for your convenience. We have experienced litigation lawyers that will fight for you.

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2 Comments

says: Anthony Fernandes

August 29, 2021 at 9:48 pm

Re: “Potential Pitfalls Of Self-Representation”: In Superior Court, how can I get my case brought to discovery in spite of delays by the plaintiff?
In Small Claims Court, how can I get a judge to approve my default judgment, one year after I obtained judgment, and then how can I get the judgment filed against the defendants property ?
How Can I make sure I will be filing full-proof documentation in Small Claims against two corporations?

How can I be assured that paying you your fees will get me the results I expect?

1. says: Hummingbird Lawyers
  
  August 30, 2021 at 2:18 pm
  
  Thanks for your comment, Anthony.
  To answer your questions, please call 905.731.1911 or email our civil litigation lawyers.

Potential Pitfalls of Self-Representation In Court

Thinking of self-representation? Better think again.

Potential Pitfalls of Self-Representation

Bringing your claim against the correct party

Missing deadlines and filing incorrectly

Enforcement

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